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Employees have the right to appeal against an employer’s decision in a number of situations, including; dismissal, disciplinary or performance warnings, grievances, flexible working requests and requests to continue working past retirement age.
Employees should be informed of their right to appeal at the same time that they are informed of the outcome of the meeting. The appeal should be heard by someone not involved in the original decision and ideally by an individual at a higher level in the organisation.
Although there is no specific legal timescale in which to make an appeal, most organisations adhere to the ACAS Code of Practice on Disciplinary and Grievance procedures, which recommends 5 days as a minimum.
The appeal is an opportunity to rectify any procedural mistakes that may have occurred and to consider the facts and/or evidence of the case again. Viewed from a commercial perspective, it is also a final opportunity for the organisation to ensure that they are in the best possible position to reduce the risk they may face if the employee chooses to make a Tribunal Claim.
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